STATE OF KARNATAKA Vs. VIJENDRA

JUDGEMENT

(1.) This appeal arises out of the judgment of acquittal passed by the learned Presiding Officer, Fast Track Court, Chikmagalur in Crl.A.No.42/2010 dtd. 29/11/2011 wherein the learned Fast Tract Court Judge allowed the appeal by setting aside the judgment of conviction passed by the learned JMFC, N.R. Pura in C.C.No.219/2009 dtd. 20/2/2010. The accused was convicted by the learned JMFC for offences punishable under Ss. 279 and 304-A of the Indian Penal Code, 1860 (for short ' IPC ').

(2.) The brief case of the prosecution is that on 20/4/2009 at about 12.30 p.m. near First Grade College near Manasur on N.R. Pura / Shimoga Main Road, the deceased and his daughter were going by walk on the road. It is further alleged that the accused respondent being the driver of the offending vehicle Maruti Swift car bearing Registration No.MH/12-DE-1100, came from N.R. Pura side towards Shimoga side in a rash and negligent manner at a high speed so as to endanger human life and dashed against the deceased Joseph, as a result of which he sustained grievous injuries and he was shifted to N.R. Pura Hospital. There, he succumbed to the injuries. Thereafter, a complaint was lodged with N.R. Pura Police and an FIR came to be registered and after investigation, the charge-sheet came to be filed against the accused for the offences stated above.

(3.) The prosecution examined nine witnesses as PW-1 to PW-9 and got marked 8 documents and no material objects were marked. The respondent/accused denied the evidence of prosecution in his statement recorded under Sec. 313 of Code of Criminal Procedure (for short hereinafter referred to as ' Cr.P.C .'). After hearing the arguments of the learned counsel for the parties, the learned JMFC convicted the accused and imposed sentence of 6 months imprisonment and fine of Rs.1,000.00 for the offence under Sec. 279 IPC and also imposed simple imprisonment for one year for offence under Sec. 304 A IPC and fine of Rs.2,000.00. Default sentence was also imposed. Aggrieved by the same, the accused preferred an appeal where the learned Presiding Officer of the Fast Track Court, after hearing the arguments, set aside the said judgment of conviction and acquitted the accused. The present appeal is preferred against the said order.